BILL NUMBER: AB 1391	CHAPTERED  10/10/99

	CHAPTER   727
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999

INTRODUCED BY   Assembly Member Hertzberg and Senator Polanco
   (Principal coauthors:  Assembly Members Davis, Romero, and
Villaraigosa)
   (Coauthor:  Assembly Member Washington)

                        FEBRUARY 26, 1999

   An act to add Title 9.5 (commencing with Section 14108) to Part 4
of the Penal Code, relating to the construction, renovation, and
infrastructure costs associated with the construction of new local
forensic laboratories and the remodeling of existing local forensic
laboratories, by providing the funds necessary therefor through an
election for, and the issuance and sale of, bonds of the State of
California and by providing for the handling and disposition of those
funds.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1391, Hertzberg.  Forensic laboratories.
   Existing law requires the State Auditor to conduct an assessment
of the needs of existing forensic science laboratories, and to submit
a report to the Legislature on the needs assessment by January 1,
1999.
   This bill would enact the Hertzberg-Polanco Crime Laboratories
Construction Bond Act of 1999, which would, upon approval by the
voters at the March 7, 2000, primary election, authorize the issuance
and sale of bonds in the total amount of $220,000,000 to be used for
the construction, renovation, and infrastructure costs of new local
forensic laboratories and the remodeling of existing local forensic
laboratories and related administrative costs, and to reimburse the
General Obligation Bond Expense Revolving Fund.  The bill would
create the Forensic Laboratories Capital Expenditure Fund in the
State Treasury.  The bill would also create the Forensic Laboratories
Authority within the Department of Justice, which would be comprised
of 7 members, including the Attorney General, the State Director of
Crime Laboratories, 5 members who would be appointed by the Governor,
with the advice and consent of the Senate.  The bill would prescribe
the powers and duties of the authority, and provide for repeal of
the provisions establishing the authority on January 1, 2010.
   The bill would establish procedures for applications for funding
the construction and renovation of local forensic laboratories.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Title 9.5 (commencing with Section 14108) is added to
Part 4 of the Penal Code, to read:

      TITLE 9.5.  THE HERTZBERG-POLANCO CRIME LABORATORIES
CONSTRUCTION BOND ACT OF 1999
      CHAPTER 1.  FINANCES

   14108.  The proceeds of bonds issued and sold pursuant to this
title shall be deposited in the Forensic Laboratories Capital
Expenditure Bond Fund, which is hereby created.
   14108.1.  Bonds in the total amount of two hundred twenty million
dollars ($220,000,000), not including the amount of any refunding
bonds issued in accordance with Section 14108.11, or so much thereof
as is necessary, may be issued and sold to provide a fund to be used
for the construction, renovation, and infrastructure costs associated
with the construction of new local forensic laboratories and the
remodeling of existing local forensic laboratories, for the costs of
administering this title, including, but not limited to, the
administrative costs of the Forensic Laboratories Authority, as
established in Section 14109, and to reimburse the General Obligation
Bond Expense Revolving Fund pursuant to Section 16724.5 of the
Government Code. The bonds, when sold, shall be and constitute a
valid and binding obligation of the State of California, and the full
faith and credit of the State of California is hereby pledged for
the punctual payment of the principal of, and interest on, the bonds
as the principal and interest become due and payable.
   14108.2.  (a) General obligation bonds may be issued by the state
to finance the working drawings, preliminary plans, construction,
renovation, equipping of the laboratories, and parking facilities and
other improvements, betterments, and facilities directly related
thereto as described in Section 14108.1.
   (b) The amount of the general obligation bonds to be sold shall
equal the cost of construction, renovation, and equipping of the
laboratories and facilities, the cost of working drawings and
preliminary plans, sums necessary to pay financing costs, including
interest during construction, and a reasonable reserve fund.
   14108.3.  The bonds authorized by this title shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code),
and all of the provisions of that law apply to the bonds and to this
chapter and are hereby incorporated in this chapter as though set
forth in full in this chapter.
   14108.4.  (a) Solely for the purpose of authorizing the issuance
and sale, pursuant to the State General Obligation Bond Law, of the
bonds authorized by this title, the Hertzberg-Polanco Forensic
Laboratories Construction Act Finance Committee is hereby created.
For purposes of this chapter, the Hertzberg-Polanco Forensic
Laboratories Construction Act Finance Committee is "the committee" as
that term is used in the State General Obligation Bond Law.  The
committee consists of the Controller, the Director of Finance, and
the Treasurer, or their designated representatives. The Treasurer
shall serve as chairperson of the committee.  A majority of the
committee may act for the committee.
   (b) For purposes of the State General Obligation Bond Law, the
Forensic Laboratories Authority is designated the "board."
   14108.5.  The committee shall determine whether or not it is
necessary or desirable to issue bonds authorized pursuant to this
title in order to carry out Section 14108.1 and, if so, the amount of
bonds to be issued and sold.  Successive issues of bonds may be
authorized and sold to carry out those actions progressively, and it
is not necessary that all of the bonds authorized to be issued be
sold at any one time.
   14108.6.  There shall be collected each year and in the same
manner and at the same time as other state revenue is collected, in
addition to the ordinary revenues of the state, a sum in an amount
required to pay the principal of, and interest on, the bonds maturing
each year, and it is the duty of all officers charged by law with
any duty in regard to the collection of the revenue to do and perform
each and every act that is necessary to collect that additional sum.

   14108.7.  Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this title, an amount that will equal
the total of the following:
   (a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this title, as the
principal and interest become due and payable.
   (b) The sum that is necessary to carry out Section 14108.8,
appropriated without regard to fiscal years.
   14108.8.  For purposes of carrying out this title, the Director of
Finance may authorize the withdrawal from the General Fund of an
amount or amounts not to exceed the amount of the unsold bonds that
have been authorized to be sold for the purpose of carrying out this
title.  Any amount withdrawn shall be deposited in the fund.  Any
money made available under this section shall be returned to the
General Fund, plus an amount equal to the interest that the money
would have earned in the Pooled Money Investment Account, from
proceeds received from the sale of bonds for the purpose of carrying
out this title.
   14108.9.  The board may request the Pooled Money Investment Board
to make a loan from the Pooled Money Investment Account, in
accordance with Section 16312 of the Government Code, for purposes of
carrying out this title. The amount of the request shall not exceed
the amount of the unsold bonds that the committee, by resolution, has
authorized to be sold for the purpose of carrying out this title.
The board shall execute any documents required by the Pooled Money
Investment Board to obtain and repay the loan.  Any amounts loaned
shall be deposited in the fund to be allocated by the board in
accordance with this title.
   14108.10.  All money deposited in the fund that is derived from
premium and accrued interest on bonds sold shall be reserved in the
fund and shall be available for transfer to the General Fund as a
credit to expenditures for bond interest.
   14108.11.  The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State
General Obligation Bond Law.  Approval by the voters of the state for
the issuance of the bonds described in this title includes the
approval of the issuance of any bonds issued to refund any bonds
originally issued under this title or any previously issued refunding
bonds.
   14108.12.  Notwithstanding any provision of this title or of the
State General Obligation Bond Law, if the Treasurer sells bonds
pursuant to this title that include a bond counsel opinion to the
effect that the interest on the bonds is excluded from gross income
for federal tax purposes, subject to designated conditions, the
Treasurer may maintain separate accounts for the investment of bond
proceeds and the investment earnings on those proceeds. The Treasurer
may use or direct the use of those proceeds or earnings to pay any
rebate, penalty, or other payment required under federal law or to
take any other action with respect to the investment and use of bond
proceeds required or desirable under federal law so as to maintain
the tax-exempt status of those bonds and to obtain any other
advantage under federal law on behalf of the funds of this state.
   14108.13.  The Legislature hereby finds and declares that,
inasmuch as the proceeds from the sale of bonds authorized by this
title are not "proceeds of taxes" as that term is used in Article
XIIIB of the California Constitution, the disbursement of these
proceeds is not subject to the limitations imposed by that article.
   14108.14.  The authority is authorized to apply for any funds that
may be available from the federal government to further the purposes
of this title.

      CHAPTER 2.  FORENSIC LABORATORIES AUTHORITY

   14109.  (a) There is hereby created within the Department of
Justice the Forensic Laboratories Authority.
   (b) (1) The authority shall be composed of seven members,
including the Attorney General, the State Director of Crime
Laboratories, and five members who shall be appointed by the
Governor, with the advice and consent of the Senate.
   (2) Of the members that are first appointed, two shall be
appointed for a term of two years, two for a term of three years, and
one for a term of four years.  Their successors shall serve for a
term of three years and until appointment and qualification of their
successors, each term to commence on the expiration date of the term
of the predecessor.
   (c) The first appointments shall be made by April 1, 2000.
   (d) The first meeting of the authority shall occur by May 15,
2000.  The authority shall meet at least twice a year.
   (e) The Governor shall select a chair and vice-chairperson from
among its members.  Four members of the authority shall constitute a
quorum.
   (f) If any appointed member is not in attendance for three
consecutive meetings, the authority shall recommend to the Governor
that the member be removed and the Governor shall make a new
appointment for the remainder of the term.
   (g) The authority shall comply with the state open meetings law
pursuant to Article 9 (commencing with Section 11120) of Division 3
of Title 2 of, and Chapter 9 (commencing with Section 54950) of
Division 2 of Title 5 of, the Government Code.
   14109.1.  Members of the authority shall receive no compensation,
but shall be reimbursed for their actual and necessary travel
expenses incurred in the performance of their duties.  For purposes
of compensation, attendance at meetings of the authority shall be
deemed performance by a member of the duties of his or her state or
local governmental employment.
   14109.2.  This chapter shall be repealed on January 1, 2010.

      CHAPTER 3.  FORENSIC LABORATORY CONSTRUCTION AND REMODELING
APPLICATIONS

   14109.5.  (a) The authority shall consider applications for
funding the construction of new local forensic laboratories and the
renovation of existing local forensic laboratories.
   (b) Upon approval of an application, the authority shall have the
authority to make grants from the Forensic Laboratories Capital
Expenditure Bond Fund to fund the construction and renovation of
forensic laboratories.
   (c) The manner and form of the application shall be prescribed by
the authority.
   (d) The Legislature may establish additional criteria which the
authority shall use for approval of applications for construction and
renovation.
   (e) The authority shall make grants for the construction and
renovation of forensic laboratories only if the following
requirements are met:
   (1) The applicant provides 10 percent in matching funds.  This
requirement may be modified or waived by the Legislature where it
determines that it is necessary to facilitate the expeditious and
equitable construction or remodeling of local forensic laboratory
facilities.
   (2) The governing body of the entity, or of each entity,
comprising the applicant approves a resolution or resolutions
agreeing to pay for the ongoing operating costs of the laboratory.
   (3) The application will not jeopardize the tax-exempt status of
the bond issue.
   (4) Construction or renovation project management is vested in a
public works, or similar agency with the requisite expertise.
   (5) The construction or renovation project complies with state or
local bidding and contract requirements.
  SEC. 2.  Section 1 of this act shall take effect upon adoption by
the voters at the March 7, 2000, primary election, of the
Hertzberg-Polanco Crime Laboratories Construction Bond Act of 1999,
as set forth in Section 1 of this act.
  SEC. 3.  Section 1 of this act shall be submitted to the voters at
the March 7, 2000, primary election, in accordance with provisions of
the Elections Code and Government Code governing the submission of
statewide measures to the voters.
  SEC. 4.  (a) Notwithstanding any other provision of law, all
ballots of the election shall have printed thereon and in a square
thereof, the words:  "The Hertzberg-Polanco Crime Laboratories
Construction Bond Act of 1999," and in the same square under those
words, the following in 8-point type:  "This act provides for a bond
issue of two hundred twenty million dollars ($220,000,000) to provide
funds for a program for the construction, renovation, and
infrastructure costs associated with the construction of new local
forensic laboratories and the remodeling of existing local forensic
laboratories."  Opposite the square, there shall be left spaces in
which the voters may place a cross in the manner required by law to
indicate whether they vote for or against the act.
   (b) If the voting in the election is done by means of voting
machines used pursuant to law in a manner that carries out the intent
of this section, the use of the voting machines and the expression
of the voters' choice by means thereof are in compliance with this
section.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   The Secretary of State has directed that in order for a bond
measure to be placed on the March 7, 2000, ballot, the measure must
contain an urgency provision.  In order to submit this bond measure
to the voters on that ballot and to ensure funding of local forensic
laboratories, it is necessary that this act take effect immediately.

